Rama to veto anti-spanking ordinance as ‘anti-poor’ law

Describing it as “anti-poor”, Cebu City Mayor Michael Rama announced his rejection of the City Council’s newly approved  anti-spanking ordinance in his State of the City Address (SOCA) at the Plaza Sugbu yesterday.

The mayor said the P5,000 fine for violators was too expensive for poor people.

Rama, who has veto power is expected to strike out the ordinance, which he said duplicates existing laws that protect the rights of children.

He said these laws are Republic Act 7610 or the Special Protection of Children Against Abuse, Exploitation, and Discrimination; and Republic Act 9344 or the Juvenile Justice and Welfare Act of 2006.

“I have decided to be a listening, scrutinizing mayor. For me, the council didn’t study and work hard enough to craft the ordinance. The city needs a better ordinance,” the mayor said in his address.

Rama asked Cebu City Councilors Edgardo Labella, Jose Daluz III and legal consultant Jade Ponce to review the ordinance which was approved last Wednesday by the City Council.

The main authors were Councilors Leah Japson, Margot Osmeña, Alvin Dizon and John Philip Po II.

The ordinance entitled “Protecting the Rights of a Child Against Corporal Punishment and All Other Forms of Degrading and Humiliating Punishment”  penalizes parents, teachers, maids and relatives who physically abuse children.

Prohibited acts include  spanking, beating with or without the use of instruments, pinching the child’s ear and shaving of hair, and solitary confinement.

Verbal assault and humiliation against a minor such as threatening, intimidating, yelling or swearing at, and making a child look or feel foolish in front of his or her peers or the public are also prohibited.

Violators  face imprisonment of 6 months  or  a P5,000 fine or both at the discretion of the court.

Councilor Labella said the mayor can issue  a full or partial veto opposing some provisions in the ordinance.

To override the veto, the city council would need a vote of 2/3 of its 18 councilors.

Or the mayor can simply not act on the ordinance, which would then lapse into law 15 days after it is submitted to the mayor’s office.

Rama told reporters after his SOCA that he has yet to receive and read a copy of the ordinance.

The mayor said based on media reports he could already tell it wasn’t a good ordinance and may need  more consultation.

Rama said he will write the council this week  to  explain his veto.

In Mandaue City, Councilor Diosdado Suico said he doesn’t favor a similar ordinance in Mandaue.

Suico said he  is against such a measure because it is sometimes necessary for parents  to discipline their children.

He said most juvenile delinquents or youthful offenders weren’t disciplined by their parents.

Suico, who chairs the council’s rules and laws committee, said  parents are the first teachers and  that the home should be the first school of the children.

“Children nowadays are already aware of their rights, and laws protecting them. Because of this they are no longer hesitant to talk back to their parents and elders,  and some abuse this,” Suico said.

“Compared to our times, when parents were ready with  different kinds of sticks whenever we commit mistakes, we remembered our mistakes and avoided it. Look at us now, we have a better future,” he added.

Suico said the ordinance would not even apply to teachers “because the Department of Education has already their code of ethics to follow,”.

Suico said the ordinance is also too much, since there is already a law protecting  children  against abuse through Republic Act 7610.

“If the ordinance goes into effect, we won’t be surprised if by tomorrow there would be anarchy around us because children won’t listen to their parents anymore,” Suico said. Doris C. Bongcac and Fe Marie Dumaboc with Correspondent Patricia Andrea Pateña